Section 45032.
45032. (a) Upon probable cause to believe any avocados regulated by this chapter are in unlawful possession, proof of ownership shall be made available for inspection upon the request of the director or any peace officer. If the director has probable cause to believe that any avocados regulated by this chapter are in unlawful possession, he […]
Section 45033.
45033. A bill of lading, bill of sale, certified farmers certificate, any data obtainable by electronic transmission which is accessible to a common carrier, or a similar type document shall be considered proof of ownership for purposes of this chapter. (Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
Section 45034.
45034. It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show proof of ownership. (Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
Section 45035.
45035. A copy of the proof of ownership record shall be retained by the buyer and seller for a period of one year after sale. (Amended by Stats. 1992, Ch. 868, Sec. 1.3. Effective January 1, 1993.)
Section 45036.
45036. This article does not apply to avocados transported and accompanied by a valid permit, disposal order, or certificate issued by the director or the commissioner for any reason other than to comply with this article. (Amended by Stats. 1992, Ch. 868, Sec. 1.5. Effective January 1, 1993.)
Section 45037.
45037. Upon probable cause to believe avocados regulated by this chapter are being unlawfully transported, any peace officer may stop the transporting vehicle and request a record of proof of ownership of the avocados. (Added by Stats. 1989, Ch. 1068, Sec. 4. Effective September 30, 1989.)
Section 45038.
45038. Upon reasonable belief that a person is in unlawful possession of avocados regulated by this chapter, the avocados may be seized by the director or any peace officer and shall be turned over to the custody of the director. The director may hold the commodity on the premises where it was seized until disposed […]
Section 45039.
45039. The director or a peace officer may investigate to ascertain the ownership of any avocados that have been held pursuant to this chapter. If the lawful owner is located, the avocados shall be released to the owner, or his or her agent. The director may require reasonable payment to cover costs incurred in the […]
Section 45040.
45040. (a) If for any reason the avocados are not released to the rightful owner after being in the custody of the secretary for 48 hours or, in the case of highly perishable avocados, any shorter period of time that the secretary deems necessary, the secretary may either sell the avocados by private sale at fair […]
Section 45041.
45041. (a) Unless otherwise specified, a violation of this article is an infraction punishable by a fine of not more than five hundred dollars ($500). (b) A conviction of a second or subsequent violation of this article is a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250) nor more than five […]